Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination Commons

Open Access. Powered by Scholars. Published by Universities.®

15,513 Full-Text Articles 9,904 Authors 10,600,489 Downloads 261 Institutions

All Articles in Civil Rights and Discrimination

Faceted Search

15,513 full-text articles. Page 438 of 445.

Time To Bury The Shocks The Conscience Test, Rosalie Berger Levinson 2010 Valparaiso University School of Law

Time To Bury The Shocks The Conscience Test, Rosalie Berger Levinson

Law Faculty Publications

The Supreme Court has acknowledged that "the Due Process Clause, like its forebear in the Magna Carta, was 'intended to secure the individual from the arbitrary exercise of the powers of government'...to prevent governmental power from being 'used for purposes of oppression.'"1 Historically, Magna Carta was aimed a·t limiting the power of the king. Today, substantive due process is invoked to challenge arbitrary deprivations of life, liberty, and property by officials, such as police officers, jail guards, public-school educators, public employers, and members of zoning boards. However, the Supreme Court has emasculated its efficacy as a limitation on executive …


The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody 2010 Juvenile Law Center, Philadelphia, Pennsylvania

The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody

NYLS Law Review

No abstract provided.


African Americans Can't Win, Break Even, Or Get Out Of The System: The Persistence Of “Unequal Treatment ” In Nursing Home Care, Ruqaiijah A. Yearby 2010 Saint Louis University School of Law

African Americans Can't Win, Break Even, Or Get Out Of The System: The Persistence Of “Unequal Treatment ” In Nursing Home Care, Ruqaiijah A. Yearby

All Faculty Scholarship

Empirical data show that racial disparities in the quality of care provided by nursing homes are a common occurrence, not isolated to Illinois. Nine years after the publication of the groundbreaking Institute of Medicine Study (“IOM study”) Unequal Treatment: Confronting Racial and Ethnic Disparities in Healthcare, which acknowledged continued racial disparities in health care and provided suggestions for the elimination of these disparities, racial disparities still remain. One chief example of the continuation of racial disparities in health care is in the provision of nursing home care.

Decades of empirical research studies have shown that racial disparities in accessing quality …


Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo 2010 Saint Louis University School of Law

Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo

All Faculty Scholarship

The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …


Back To Color Blindness: Recent Developments In Race Discrimination Law In The United States, Marcia L. McCormick 2010 Saint Louis University School of Law

Back To Color Blindness: Recent Developments In Race Discrimination Law In The United States, Marcia L. Mccormick

All Faculty Scholarship

The United States has a long and somewhat conflicted history of espousing egalitarian values and yet tolerating a certain level of subordination of particular groups to a greater or lesser extent at the same time. Like many countries, it struggles with reconciling the goals of equality, pluralism, and liberty, and the balance has been struck differently at different times. In the current wave of such efforts, the Supreme Court is marking an increasingly formalist approach to the question of discrimination, while Congress appears to be pushing a slightly more substantive approach to discrimination. This short paper analyzes the Court’s recent …


Careful With That Gun: Lee, George, Wax, And Geach On Gay Rights And Same-Sex Marriage, Andrew Koppelman 2010 Northwestern University School of Law

Careful With That Gun: Lee, George, Wax, And Geach On Gay Rights And Same-Sex Marriage, Andrew Koppelman

Faculty Working Papers

Many Americans think that homosexual sex is morally wrong and oppose same-sex marriage. Philosophers trying to defend these views have relied on two strategies. One is to claim that such sex is wrong irrespective of consequences: there is something intrinsic to sex that makes it only licit when it takes place within a heterosexual marriage (in which there is no contraception or possibility of divorce). Patrick Lee and Robert P. George have developed and clarified this claim. The second strategy focuses on consequences: the baleful effects on heterosexual families of societal tolerance for homosexuality. Amy Wax (who is not a …


The Road To Rights: Establishing A Domestic Human Rights Institution In The United States, Leadership Conference Education Fund, Human Rights Institute 2010 Columbia Law School

The Road To Rights: Establishing A Domestic Human Rights Institution In The United States, Leadership Conference Education Fund, Human Rights Institute

Human Rights Institute

While human rights are often discussed as international standards, they are realized first and foremost at home. Respect for human rights is a domestic endeavor — the promotion, protection and fulfillment of these rights falls to national and local governments, not to international bodies. Because the front line of human rights is domestic, full realization of these rights requires coordination and dialogue between civil society, national policy-making bodies and local institutions.

U.S. human rights advocates have continually emphasized that “human rights begin at home,” and it is only when the full spectrum of rights are recognized and protected in local …


Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman 2010 Florida International University College of Law

Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman

Faculty Publications

No abstract provided.


Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman 2010 FIU College of Law

Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman

Faculty Publications

Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, …


Rock Climbing With The Gotandas, Robert S. Chang 2010 Seattle University School of Law

Rock Climbing With The Gotandas, Robert S. Chang

Faculty Articles

No abstract provided.


Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado 2010 Seattle University School of Law

Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado

Faculty Articles

No abstract provided.


Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin 2010 University of Richmond

Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin

Richmond Journal of Law and the Public Interest

This Note discusses the interpretation of the opposition clause within Title VII of the Civil Rights Act of 1964 in the context of Crawford v. Metropolitan Government of Nashville & Davidson County, Tennessee. In general, the opposition clause protects an employee from retaliation by his employer if he opposes his employer's illegal conduct. Part II summarizes the facts and the holding of Crawford. Part III describes Title VII discrimination in general and antiretaliation in particular. Part IV discusses the United States Supreme Court's rationale in Crawford, and Part V questions the interpretation of the opposition clause. Finally, Part VI agrees …


Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo 2010 Weil, Gotshal & Manges L.L.P.

Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo

Cleveland State Law Review

In his first and only affirmative action decision since becoming the controlling member of the Supreme Court, Justice Kennedy, in Parents Involved in Community Schools v. Seattle School District No. 1, showed a possible willingness to go back to the looser, more contextualist view of the narrow tailoring requirement that the Court embraced when Justice Powell was the swing vote. This Article argues that regardless of whether Justice Kennedy actually was moving back toward a more contextualist approach to narrow tailoring, a shift away from the highly formalistic inquiry adopted by Justice O'Connor back to the looser contextual standard used …


The Causation Standard In Federal Employment Law: Gross V. Fbl Financial Services, Inc., And The Unfulfilled Promise Of The Civil Rights Act Of 1991, Michael C. Harper 2010 Boston University School of Law

The Causation Standard In Federal Employment Law: Gross V. Fbl Financial Services, Inc., And The Unfulfilled Promise Of The Civil Rights Act Of 1991, Michael C. Harper

Buffalo Law Review

No abstract provided.


Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim 2010 American Civil Liberties Union

Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim

NYLS Law Review

No abstract provided.


Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck 2010 University of the District of Columbia David A. Clarke School of Law

Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck

NYLS Law Review

No abstract provided.


Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald 2010 Strategies for Youth

Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald

NYLS Law Review

No abstract provided.


Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson 2010 Human Rights Watch

Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson

NYLS Law Review

No abstract provided.


African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown 2010 Indiana University School of Education

African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown

NYLS Law Review

No abstract provided.


Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer 2010 New York Law School

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.


Digital Commons powered by bepress